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STATE v. MARTINEZ

No. CR-10-0177-AP.

282 P.3d 409 (2012)

STATE of Arizona, Appellee, v. Gilbert MARTINEZ, Appellant.

Supreme Court of Arizona.

August 17, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General by Kent E. Cattani , Division Chief Counsel, Jeffrey A. Zick , Section Chief Counsel, Jon G. Anderson , Assistant Attorney General, Criminal Appeals/Capital Litigation Section, Phoenix, Attorneys for State of Arizona.

Droban & Company, PC by Kerrie M. Droban , Anthem, Attorney for Gilbert Martinez.

OPINION

BRUTINEL, Justice.

¶ 1 A jury found Gilbert Martinez guilty of one count of first degree burglary, four counts of aggravated assault, four counts of kidnapping, one count of theft, and one count of first degree murder. After a mistrial in the penalty phase, a second jury determined he should be sentenced to death. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4031...

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